Excalibur & Keswick Groundworks Ltd v McDonald [2023] EWCA Civ 18 – An important decision concerning the filing of a notice of discontinuance on or shortly before the day of trial.

The facts Mr McDonald fell from a ladder at work. His particulars of claim pleaded: “In the course of his employment, the Claimant was climbing a ladder to put a string line on the roof in order to put drainage under the roof. The ladder was tied to scaffolding by a piece of string…” His…

Pathan v Commissioner of Police of the Metropolis – Logical for QOCS to apply to all of the proceedings…even before the addition of the personal injury claim

The case The claim arises from an action against the police for damages relating to an allegation of unlawful arrest and detention. The claimant initially brought the case in May 2019 without legal representation, which may be the reason there was no inclusion of a claim for personal injury (the claim form was drafted by…

THE CASE OF Coldunell Ltd v Hotel Management International Ltd THROWS FRESH FOCUS ON PART 36 REGIME AS A STRUCTURED AND PRESCRIPTIVE RULE

Parties to a dispute are often confident in their individual positions about the strength and merits of their case, but they are also mindful that under the Civil Procedure Rules (“CPR”) there is an expectation to resolve a dispute without recourse to litigation whenever possible. One of the tools available for such alternative dispute resolution…

Craig Leigh utilises Section 32 of the Limitation Act 1980 to successfully postpone limitation

Craig was instructed on behalf of a claimant bringing a claim against a defendant, a well-known provider of consumer finance, regarding undisclosed commissions relating to a payment protection insurance policy (“PPI”) taken out by her in conjunction with a credit agreement. The claimants credit agreement commenced in October 1999 and at the same time she…

Stenio Aladim succeeds in overcoming transitional provision arguments in consumer credit claim

Stenio Aladim was successful in representing a claimant concerning a payment protection insurance (“PPI”) claim brought against a well-known financial institution.  The claimant had entered into a credit card agreement in 1999 and had a PPI policy added to his contract. Following the Supreme Court decision in Plevin v Paragon Personal Finance [2014] UKSC 61…

Stenio Aladim secures relief from sanctions

Recently, Stenio was successful in obtaining relief from sanctions caused by a simple, yet fatal, administrative error.  Stenio was instructed on behalf of the Claimants who had issued proceedings against their mortgagee for the payment of an undisclosed commission of £1,700 to their broker to whom they had previously paid a considerable fee of £2,500….

QOCS and Set-off – A commentary on Ho v Adelekun [2021] UKSC 43

Summary CPR 44.14 enables the set-off of costs awarded to an unsuccessful defendant against the damages and interest awarded to a claimant. Previously, the Court of Appeal in Howe v Motor Insurers Bureau [2017] EWCA Civ 932 had held that set off under CPR 44.14 of a defendant’s costs may also be made against costs…

Failure to apply for relief from sanctions does not mean that relief cannot be granted: a case commentary on Boodia v Yatsyana [2021] EWCA Civ 1705

Background The Claimant had brought two claims against the Defendant who had carried out building work for her at two buildings, known as the Gables and the Barn. In the case of the Gables, the works were completed in June 2015; and in the case of the Barn in mid-May 2010. Both claims were issued…

Exceptional circumstances: has the issue ever taken on greater importance?

Personal injury practitioners will be well familiar by now with the fixed costs rules that (in various iterations) are contained within Part 45 of the Civil Procedure Rules. Even those who aren’t familiar with fixed costs because their work has never been covered by them, are likely to need to become familiar with them (and…

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